Martinsburg daily gazette. [volume] (Martinsburg, W. Va.) 1887-1887, 1887-03-31

0mfmanc0 Oh tho pElHClplo - apPhLCuuAo ~
the construction of the statute. But in any
event the general principle Of construction
cannot be avoided by mere implication, for,
in the language of the case last cited, impi-
cation cannot produce such results unless
the language is such as to show clearly that
such was the intent OF the act which the lam
guage in this case does not do.
IN 1T IS therefore clear that the United
States is not embraced in or subject to the
provisions Of the act Of the 4th Of February,
1887. That service consists in the receipt,
speedy transmission, distribution and deliv-
cry Of mail matter to the people. As the
act does not include the mail service in its
provisions none of the lawful, customary and
necessary instrumentalities by which that
service is conducted are subjected to the law.
Among the lawful, customary and necessary
instrumentalities for the efficient, consistent
and successful conduct of the service, the
postoffice department is authorized by law to
send officers agents and clerks to the gov
eminent to take charge of, protect and dis
tribute the mails, and to search for and in
vestigate errors, frauds or crimes relating to
them Persons thus employed, when in the
actual line of duty or when in pursuance
thereof, going to or returning from their
places Of residence while in the performance
of service, or to or from their assigned line
Of duty, in the ordinary or customary course
Of the administration of the service, should
be regarded as in the performance Of official
labor, and unaffected by the provisions OF
tile act am yours respectfully,
"A. HI. GARLAND,
ATTORNEY General"
The postmaster general has issued the fol-
low .ng circular bearing upon the decision of
the attorney general:
Posi- OFFICE DEPARTMENT,
OFFICE OF THE POSTMASTER GENERAL,
WASHINGTON, March 80.
1The attention Of the department has been
invited by he officers Of many railroads to
the interstate commerce act, with inquiry
how far those provisions which they have
dsene restrictive of free travel affect per-
sons or employees of postal service. The cor
raspo. ldencs has almost universally con-
tanned of expressions of willingness to con-
tin1e the facilities heretofore afforded, UNI
less S icl d course be incontravention OF law.
! lii oId.r to the satisfactory exposition OF
! this point the opinion OF the attorney gem
| aral was solicited, whether there be anything
in the ACT which prohibits the practices here
-5ofore prevailing. The attor ny generals
opinion, has been furnished to the press at
length, is that the interstate act does not at
! feet the postal service, but is in regulation OF
commerce only
"This authoritative Interpretation relieves
all railroad companies employed in carrying
Y the mails from any risk Of violation OF the
statute by continuance of the courteous
methods of intercourse and business hereto
fore prevailing between the department and
railroad companies
1T should perhaps be added by way of in
formation, that the transportation given tc
inspectors upon the commission OF the depart.
ment and to postal clerks in their line OF duty
is not free travel, but, by the law and regu
lations constitutes part of the services paid fol
in the mileage compensation to railroad car
r.ers. Inspectors and postal clerks who may
bs required by any mail contractor to pay
fare when travelling on official duty, vii
take receipt for the same and report TIN
fact to the department, that the amount may
be- deducted from the carriers compensation
according to long established usages.
'.WILLIAM r. Villas,
POSTMASTER General
a.. H1,a IPRraf naUrAo.